DR. KAUFFMANN: I agree. The same problem arises in connection with the next witness, Number 11, the witness Höllriegel, who has already been heard. Am I to have the opportunity of speaking to this witness before he is cross-examined? Kaltenbrunner denies that he ever saw gas chambers, et cetera.
THE PRESIDENT: Dr. Kauffmann, isn’t Number 11 really cumulative to Number 6, whom you particularly wanted to call?
DR. KAUFFMANN: Yes, Mr. President, certainly.
THE PRESIDENT: Anyhow, the Tribunal will consider the question whether you ought to be given the right merely to cross-examine or to recall as your own witness, with reference to Numbers 11 and 12.
DR. KAUFFMANN: Yes. Just a word about witness Number 12. Eichmann, as is well known, was the man who carried out the whole extermination operation against the Jews, and Kaltenbrunner’s name has been mentioned in connection with this operation. Kaltenbrunner denies it. For that reason I consider Wisliceny a relevant witness.
THE PRESIDENT: That concludes that group. What about the other ones, Sir David? Are they in the same category?
SIR DAVID MAXWELL-FYFE: Not quite, but I think it might be convenient if I deal with them.
Dr. Mildner, Number 13, is sought to testify that Kaltenbrunner did not authorize the chief of the Gestapo to sign orders for protective custody or internment, and I should submit that in view of the previous evidence, of Scheidler and Number 4, Neubacher, Dr. Mildner’s evidence is cumulative and that interrogatories would suffice.
As to Schellenberg, Number 14, I have already said that the Prosecution make no objection to his recall for cross-examination.
Finally, Dr. Rainer. We do object to that request, because the object of his testimony, that Kaltenbrunner recommended to the Gauleiter of Austria not to oppose the advancing troops of the Western Powers and not to organize Werewolf movements, is in our submission irrelevant to the issues before this Tribunal.